Thursday, December 5, 2013

Your Own Argument and Opinions


For the most part, I agreed with everything Mr. Winter explained to me. I didn't really have enough legal clout to immediately debate or confirm, but after looking through the book, it seems that he definitely was correct about the things said. Again, he made sure to tell me multiple times during the interview that law is very vague, and that in law school, they teach you to never paint yourself into a corner. They want you to look at all angles and also both sides, because  only then you can get a clearer picture. You will be able to present an argument better by being a few steps ahead of the other party. For example, you must be aware of all the legalities in hiring employees if you are going to run your own business. Things can get complicated, and sometimes personal. According to labor laws, the book says, Employers must make reasonable accommodation for a worker's religious beliefs unless the request would cause undue hardship for the business.”(Beatty, J.F. & Samuelson, pg. 341). But what if your employee wants every Sunday off and it is one of the busiest days? You have no choice; it is against the law to not give them the day off. But would you hire them in the first place? Well, that turns into a discrimination case, but only if someone were to find out you were. An employer can just claim their “availability” was not “compatible” with the business’ schedule. See how murky things can become?

It is important to understand how to navigate your way through legal matters, and to be aware. This is because at the end of the day, legally, you can’t feign ignorance. You are legally responsible for every action you take. This is called “negligence.” The book states, Things go wrong all the time, and people are hurt in large ways and small. Society needs a means of analyzing negligence cases consistently and fairly. We cannot have each court that hears such a lawsuit extend or limit liability based on an emotional response to the facts.” (Beatty, J.F. & Samuelson, pg. 93). When starting my business, it would behoove me to remember the things I have read and learned during this course, and also to refer back to this assignment when need be. Also, this assignment allowed me to befriend a lawyer, whom I can call and talk to concerning legal matters. That is a very beneficial thing, indeed.

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